In addition, when using particular Edwards Lifesciences services or participating in events, you and Edwards Lifesciences shall be subject to any posted guidelines, additional terms or rules applicable to such services or events. All such guidelines or rules are hereby incorporated by reference into this Agreement.
This Site may contain information relating to various medical, health and fitness conditions and their treatment. This is for informational purposes only and is not meant to be a substitute for the advice provided by your own physician or other medical professional or advisor. You should not use the information contained herein for diagnosing a medical, health or fitness condition or disease. You should always consult and obtain complete information from your own physician and medical professional or advisor. Although Edwards Lifesciences may from time to time monitor or review the Content (as defined below) posted in the Forums (as defined below) on its Sites, Edwards Lifesciences is under no obligation to do so and assumes no responsibility or liability arising from the Content contained in its Sites, or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within its Sites.
Edwards Lifesciences provides the contents of its Sites for informational purposes and for general interest and entertainment only. The materials and related graphics published on the Sites or accessed via the Sites could include technical inaccuracies or typographical errors. By using the Sites, you agree not to rely on any of the information contained herein.
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Links on our Sites will allow you to leave our Sites and transfer to sites that are not under the control of Edwards Lifesciences. Access and use of such sites occurs entirely at your own risk. Edwards Lifesciences is not responsible for the contents and actions of any linked site or any links contained in a linked site, or any changes or updates to such sites. Edwards Lifesciences is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Edwards Lifesciences of the site.
Edwards Lifesciences Corporation appreciates hearing from its customers, however, our policy does not allow us to accept or consider creative ideas, suggestions, inventions or materials other than those we have specifically requested. Accordingly, we must insist that you do not send us any such original creative materials. If, despite our request that you not send us any creative materials, you send us ideas, notes, inventions, concepts or other information ("Disclosures"), none of such Disclosures shall be subject to any obligation of confidence on the part of Edwards Lifesciences and Edwards Lifesciences shall not be liable for any use or disclosure of any Disclosures.
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It is the policy of Edwards Lifesciences to respect intellectual property rights of others. Edwards Lifesciences will process and investigate notices of alleged infringement and will take appropriate actions under any applicable intellectual property laws, including the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA").
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent Notification must be submitted to the following Designated Agent for this Site:
Service Provider(s): Edwards Lifesciences Corporation
Name of Agent Designated to Receive Notification of Claimed Infringement: Nolan Taira
Full Address of Designated Agent to Which Notification Should Be Sent:
Attn: Nolan Taira
Edwards Lifesciences Corporation
One Edwards Way
Irvine, CA 92614
Notifications of infringement under any applicable intellectual property law other than the DMCA is also to be sent to the above-mentioned Designated Agent.
Certain areas on our Sites may enable you to access on-line forums or message boards where you can post messages and read messages posted by other users ("Forums"). Edwards Lifesciences is not responsible for and does not endorse any information, data, text, software, music, sound, photographs, graphics or other materials, including without limitation any information relating to procedures or applications which are not approved by competent authorities, such as but not limited to the Food and Drug Administration (i.e. off-label uses) ("Content") submitted to us or posted on such Forums by Sites users. By posting Content on the Sites, however, you grant Edwards Lifesciences a world-wide, royalty free, non-exclusive and fully sublicenseable right and license to reproduce, modify, publish, translate and otherwise use such Content for any purpose Edwards Lifesciences chooses, be it commercial, public or otherwise, without compensation whatsoever being due by Edwards Lifesciences.
You agree to be fully responsible for your own postings and agree to access and use the Forums at your own risk on an as-is basis. While Edwards Lifesciences has no obligation to monitor the Forums, it may, from time to time, monitor the Forums to determine whether postings comply with this Agreement, to guide the discussion on the Forums, or for other reasons. Edwards Lifesciences cannot and does not guarantee that it will post or continue to post every message or other Content that you or others submit to the Forums. Edwards Lifesciences reserves the right to edit or abridge postings for any reason and to disclose any information as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or part, in Edwards Lifesciences' sole discretion. You must abide by the following rules in connection with your use of the Forums:
You undertake to respect the intellectual property rights, and any other rights, of Edwards Lifesciences or of any third party, and to comply with any applicable laws, related to any information, data, material, text, image, audio and/or video available on this Site when using in any way whatsoever such information, data, material, text, image, audio and/or video, and/or any other protected content on this Site. Edwards Lifesciences neither warrants nor represents that your use of such information, data, material, text, image, audio and/or video will not infringe rights of third parties. Unless expressly provided otherwise hereunder, no license to or right whatsoever, including copyrights, in such information, data, material, text, image, audio and video is granted or conferred to you.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
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